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This week, you looked at the provider and patient rights. The assignment this week gives you a chance to look at a state law that provides the right for patients to die with dignity and compare the patient’s right with the ethical duty of physicians set forth in the AMA’s Code of Ethics.

You will write an essay that compares and contrasts the law and Code of Ethics as it applies to your state. Incorporate the following into your essay:

Referring directly to the law, provide verbiage for what a provider is or is not allowed to do.

What requirements must be present for a patient asking for death-hastening medication?

Describe what the AMA’s Code of Ethic’s stance is on these procedures, including any additional opinions published by the AMA.

Explain the challenging ethical decision-making process a provider must go through in this case.

How might this situation be resolved for a legal and ethical resolution?

Length: 3-4 pages, not including title page

References: The AMA Code Ethics.

MHA-5010 v1: Health Law and Ethics (0977266583) – MHA-5010 v1: Health Law and Ethics (0977266583)
4/9/21, 11:48 PM
MHA-5010 v1: Health Law and Ethics (097726…
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Week 4
Pa!ent and Provider Rights
As you remember from last week, pa!ents have a right to be informed of
their treatment choices, which is rooted in autonomy. Pa!ents also have
the right to refuse treatments. This can cause a conflict between
providers and pa!ents because providers have a duty to “do no harm” to
their pa!ents and act in their best interests.
Beginning in the 1970s, a series of cases involving autonomy started
with Karen Ann Quinlan, who was deemed in a vegeta!ve state. Her
parents wanted her ven!lator removed. At that !me, the hospital could
be held criminally liable for allowing this woman to die. Finally, the courts
allowed the ven!lator to be turned off. Nancy Cruzan was another young
woman who was in a vegeta!ve state in 1983. Ms. Cruzan’s family
wanted to remove her feeding tube. The court acknowledged there was
a right for individuals to have a say in what happens to them. Evidence
was brought in to show that Nancy Cruzan had stated she wouldn’t have
wanted to live in a vegeta!ve state. And the feeding tube was removed
(Miller, 2017).
In response to the Cruzan case in 1990, the Pa!ent Self-Determina!on
Act required that state laws allow pa!ents the right to accept or refuse
medical treatment when they are incapacitated. This regula!on brought
rise to documents like do-not-resuscitate (DNR) orders, advanced
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direc!ves, and physician orders for life-sustaining treatment. U.S. states’
laws may refer to these forms with different names and have different
requirements in preparing these forms. With these documents, pa!ents
who have prepared them in advance are able to communicate their
wishes to providers when they are incapacitated (Hodge, 2019).
With this increased autonomy come aid-in-dying bills, also known as
“Death with Dignity Acts.” Currently, California, Colorado, Hawaii,
Oregon, Vermont, Washington, and Washington DC have granted
terminally ill pa!ents the right to take life-ending medica!on; and
Montana has allowed the act through judicial decision (Thurston, 2019).
Pallia!ve care has also grown in prac!ce to provide pa!ents with a
comfortable end to life.
O#en, healthcare is thought of in terms of pa!ent rights; but providers
have rights as well. Many states have conscience clauses that allow
providers to refuse certain treatments or procedures that go against their
personal values. State laws that have granted pa!ents the right to end
their life also allow providers to opt-out of prescribing the medica!on.
Pharmacists can also opt-out of filling the medica!on. This allows
providers to retain their own ethical and moral stances on the issue.
There have also been situa!ons where pharmacists felt uncomfortable
filling prescrip!ons for the morning-a#er pill and have been exempt from
having to fill these prescrip!ons. As these are not federal laws, it is
important that healthcare providers and organiza!ons review state laws
and employee handbooks to ensure their internal organiza!onal policies
and procedures are in compliance.
Finally, there are o#en situa!ons where providers no longer want to
provide care to a pa!ent. The reason for this situa!on might be that the
pa!ent is con!nually noncompliant with the provider’s orders or some
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MHA-5010 v1: Health Law and Ethics (0977266583) – MHA-5010 v1: Health Law and Ethics (0977266583)
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other reason. While there are certain requirements to treat pa!ents that
will be discussed next week, providers generally have the ability to
determine who they will accept as pa!ents. Once the pa!ent-provider
rela!onship is established, the provider then has a duty to their pa!ent.
The law of abandonment dictates that if a provider that wishes to “fire”
their pa!ent, a provider must ensure that the pa!ent receives all
necessary care un!l the rela!onship is properly terminated. To terminate
the rela!onship, the pa!ent must be given no!ce and a reasonable
opportunity to locate another physician. While this is legally acceptable,
how might the ethical requirements be in contrast with this?
Be sure to review this week’s resources carefully. You are expected to
apply the informa!on from these resources when you prepare your
assignments.
References
Hodge, S. (2019). Wrongful prolonga!on of life – a cause of ac!on that
may have finally moved into the mainstream. Quinnipiac Law Review, 37,
167.
Mantel, J. (2017). Refusing to treat noncompliant pa!ents is bad
medicine. Cardozo Law Review, 39, 127.
Miller, B. (2017). Nurses in the know: The history and future of advance
direc!ves. OJIN: The Online Journal of Issues in Nursing, 22(3).
Thurston, A. (2019). Physician-assisted death: a selected annotated
bibliography. Law Library Journal, 111, 31.
0 % 0 of 5 topics complete
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Books and Resources for this Week
“A Right to Die?” Films media group,
2015,
digital.films.com/PortalPlaylists.aspx?
wID=102745&x!d=142516.
Accessed 15 May 2019.
Link
Applied law & ethics for health
professionals (2nd ed.).
Burlington MA: Jones &
Bartle$.
External Learning Tool
TrainingABC (Producer). (2017).
Pa!ent rights made simple
[Video file]. Academic Video
Online: Premium database.
Link
Wright, M. (2018). End of life
and autonomy: The case for
rela!onal nudges in end-of-life
decision-making law and policy.
Maryland Law Review…
Link
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MHA-5010 v1: Health Law and Ethics (0977266583) – MHA-5010 v1: Health Law and Ethics (0977266583)
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Week 4 – Assignment: Assess Death with
Dignity Laws
Assignment
Due April 11 at 11:59 PM
This week, you looked at the provider and pa!ent rights. The assignment
this week gives you a chance to look at a state law that provides the
right for pa!ents to die with dignity and compare the pa!ent’s right with
the ethical duty of physicians set forth in the AMA’s Code of Ethics.
You will write an essay that compares and contrasts the law and Code of
Ethics as it applies to your state. Incorporate the following into your
essay:
1. Referring directly to the law, provide verbiage for what a provider
is or is not allowed to do.
2. What requirements must be present for a pa!ent asking for
death-hastening medica!on?
3. Describe what the AMA’s Code of Ethic’s stance is on these
procedures, including any addi!onal opinions published by the
AMA.
4. Explain the challenging ethical decision-making process a provider
must go through in this case.
5. How might this situa!on be resolved for a legal and ethical
resolu!on?
Length: 3-4 pages, not including !tle page
References: The AMA Code Ethics.
https://ncuone.ncu.edu/d2l/le/content/201055/printsyllabus/PrintSyllabus
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Your essay should demonstrate though%ul considera!on of the ideas and
concepts presented in the course and provide new thoughts and insights
rela!ng directly to this topic. Your response should reflect scholarly
wri!ng and current APA standards. Be sure to adhere to Northcentral
University’s Academic Integrity Policy.
Upload your document and click the Submit to Dropbox bu$on.
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